HKSAR v. CHAN HON KIT

HCMA472/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.472 OF 2004

(ON APPEAL FROM ESCC 1088 OF 2004)

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J U D G M E N T

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1. The appellant was convicted after trial of one charge of 'Theft' and sentenced to 12 months' imprisonment. He now appeals against sentence.

2. These were the facts as summarized by the magistrate :

"The offence took place inside a pub Carnegies situated at 53 Lockhart Road, Wanchai on 7th March 2004. At about 9 pm, PW1 Gurung Ganga Devi, a waitress of the pub, was working inside the pub. She saw the appellant stand next to the bar table between some customers. The appellant kept looking around and was acting suspiciously. Then he squatted down and pulled a red paper shopping bag towards him. He then stood up, grabbed hold of the shopping bag and tried to run out of the pub. PW1 stopped the appellant immediately with the assistance of the bar-tender. The matter was reported to the police. PW2 PC53028 attended the scene and arrested the appellant. PW2 checked the contents of the shopping bag which contained a wallet, a portable phone, VCDs and other items. They were the properties of a Ms. Rebekka Kristin Gardarsdottir, a customer of the pub...."

3. The appellant is aged 38. He had five previous convictions, three of which were similar. He was uneducated and unemployed at the time of the offence.

4. Categorizing the case as one of pick-pocketing, the magistrate sentenced him to 12 months' imprisonment with no discount on nil mitigation.

5. This sentence is clearly right. I do not believe the appellant that, at the time, his grandmother had passed away and he needed money. That account is given for the first time before me. It did not come out in mitigation. Nor does it tally with his ground of appeal which is that the sentence is too severe. The appeal is dismissed.